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Employers should consider recusing supervisors from employment decisions relating to employees who have made complaints against the same supervisor. On January 27, 2022, the California Supreme Court issued an opinion in a case of critical interest to employers defending claims of whistleblower retaliation. In Lawson v. PPG Architectural Finishes, the Supreme Court ruled that whistleblowers do not need to satisfy the McDonnell Douglas framework and that courts should strictly follow Section 1102. The Trial Court Decision. The burden then shifts to the employer to show a legitimate, nondiscriminatory, reason for the adverse employment action, here, Lawson's termination. Lawson v. PPG Architectural Finishes, Inc., No. S266001, 2022 Cal. LEXIS 312 (Jan. 27, 2022. PPG eventually told Lawson's supervisor to discontinue the practice, but the supervisor remained with the company, where he continued to directly supervise Lawson. Contact Information. ● Reimbursement for pain and suffering. Employment attorney Garen Majarian applauded the court's decision. Ultimately, requiring the plaintiff to prove pretext (as under McDonnell Douglas) would put a burden on plaintiffs inconsistent with the language of section 1102.
Lawson V. Ppg Architectural Finishes, Inc., No. S266001, 2022 Cal. Lexis 312 (Jan. 27, 2022
Given the court's adoption of (1) the "contributing factor" standard, (2) an employer's burden to establish by clear and convincing evidence that it would have taken the unfavorable action in the absence of the protected activity, and (3) the elimination of a burden on the employee to show pretext in whistleblower retaliation claims under Labor Code Section 1102. Under the McDonnell-Douglas test, an employee establishes a prima facie case of retaliation by alleging sufficient facts to show that: 1) the employee engaged in a protected activity; 2) the employee was subjected to an adverse employment action; and 3) a causal link exists between the adverse employment action and the employee's protected activity. 2019 U. California Supreme Court Lowers the Bar for Plaintiffs in Whistleblower Act Claims. LEXIS 128155 *. 5 and California Whistleblower Protection Act matters, we recommend employers remain vigilant and clearly document their handling of adverse employment actions like firings involving whistleblowers. The burden then shifts to the employer to prove, by clear and convincing evidence, that it would have taken the adverse action for a legitimate, independent reason even if the plaintiff-employee had not engaged in protected activity.
Kathryn T. McGuigan. Before the case reached the California Supreme Court, the U. S. District Court for the Central District of California held for PPG after determining that the McDonnell Douglas test applied to the litigation. Around the same time, he alleged, his supervisor asked him to intentionally mishandle products that were not selling well so that his employer could avoid having to buy them back from retailers. Employers should review their anti-retaliation policies, confirm that their policies for addressing whistleblower complaints are up-to-date, and adopt and follow robust procedures for investigating such claims. S266001, 2022 WL 244731 (Cal. California employers can expect to see an uptick in whistleblower claims as a result of a recent California Supreme Court ruling that increases the burden on employers to prove that adverse employment actions are based on legitimate reasons and not on protected reporting of unlawful activities. Mr. Lawson filed suit against PPG in US District Court claiming that he was fired in violation of California Labor Code 1102. The decision will help employees prove they suffered unjust retaliation in whistleblower lawsuits. 6 now makes it easier for employees alleging retaliation to prove their case and avoid summary judgment. 6 effectively lowers the bar for employees by allowing them to argue that retaliation was a contributing reason, rather than the only reason. The ruling is a win for health care employers in that it will give them the opportunity to present legitimate, non-retaliatory reasons for employee disciplinary actions, then again shift the burden to plaintiffs to show evidence that their decisions were pretextual. Lawson v. ppg architectural finishes. As a TM, Plaintiff reported directly to a Regional Sales Manager ("RSM"). 5 whistleblower claim, once again making it more difficult for employers to defend against employment claims brought by former employees. Lawson sued PPG in a California federal district court, claiming that PPG fired him in violation of Labor Code section 1102.
California Supreme Court Rejects Application Of Established Federal Evidentiary Standard To State Retaliation Claims
Then, the employer bears the burden of demonstrating by clear and convincing evidence that it would have taken the same action "for legitimate, independent reasons. " Prior to the 2003 enactment of Labor Code Section 1102. ● Another employee in the position to investigate, discover, or correct the matter. 6, not McDonnell Douglas. Close in time to Lawson being placed on the PIP, his direct supervisor allegedly began ordering Lawson to intentionally mistint slow-selling PPG paint products (tinting the paint to a shade the customer had not ordered). There are a number of state and federal laws designed to protect whistleblowers. In many cases, whistleblowers are employees or former employees of the organization in which the fraud or associated crime allegedly occurred. Ppg architectural finishes inc. Fenton Law Group has over 30 years of experience navigating healthcare claims in Los Angeles and surrounding communities. By contrast, the Court noted, McDonnell Douglas was not written for the evaluation of claims involving more than one reason, and thus created complications in cases where the motivation for the adverse action was based on more than one factor.
6 retaliation claims. California Supreme Court Rejects Application of Established Federal Evidentiary Standard to State Retaliation Claims. In Spring 2017, Mr. Lawson claimed that his supervisor ordered him to intentionally mistint slow selling paint products by purposely tinting the products to a shade not ordered by the customer thereby enabling PPG to avoid buying back what would otherwise be excess unsold product. If you have any questions on whistleblower retaliations claims or how this California Supreme Court case may affect your business, please contact your Fisher Phillips attorney, the authors of this Insight, or any attorney in our California offices. At the same time, PPG counseled Lawson about poor performance, and eventually terminated his employment.
California Supreme Court Lowers The Bar For Plaintiffs In Whistleblower Act Claims
Nonetheless, Mr. Lawson's supervisor remained with the company and continued to supervise Mr. Lawson v. ppg architectural finishes inc. Lawson. The California Supreme Court issued its recent decision after the Ninth Circuit asked it to resolve the standard that should be used to adjudicate retaliation claims under Section 1102. This content was issued through the press release distribution service at. PPG used two metrics to evaluate Lawson's performance: his ability to meet sales goals, and his scores on so-called market walks, during which PPG managers shadowed Lawson to evaluate his rapport with the retailer's staff and customers.
To get there, though, it applied the employer-friendly McDonnell Douglas test. Retaliation Analysis Under McDonnell-Douglas Test. On 27 January 2022, the California Supreme Court answered a question certified to it by the Ninth Circuit: whether whistleblower claims under California Labor Code section 1102. Finally, supervisors and employees should receive training on what constitutes retaliation and the legal protections available and management held accountable for implementing antiretaliation policies. Lawson then filed a complaint in the US District Court for the Central District of California against PPG claiming his termination was in retaliation for his whistleblower activities in violation of Labor Code Section 1102. 6 of the California Labor Code was enacted in 2003, some California courts continued to rely on the McDonnell Douglas burden-shifting framework to analyze retaliation claims. 6, employees need only show by a "preponderance of the evidence" that retaliation was "a contributing factor" in the employer's decision to take an adverse employment action, such as a termination or some other form of discipline. If you have any questions or would like more information on the issues discussed in this LawFlash, please contact any of the following Morgan Lewis lawyers: Los Angeles. California Supreme Court Lowers the Bar for Plaintiffs in Whistleblower Act Claims. In reaching the decision, the Court noted the purpose behind Section 1102. If the employee can put forth sufficient facts to satisfy each element, the burden of production then shifts to the employer to articulate a "legitimate, nonretaliatory reason" for the adverse employment action. These include: Section 1102. Thomas A. Linthorst.
He contended that the court should have applied the employee-friendly test under section 1102. On appeal to the Ninth Circuit, Lawson argued that his Section 1102. Employers should review their antiretaliation policies, which should include multiple avenues for reporting, for example, opportunities outside the chain of command and a hotline. ● Sudden allegations of poor work performance without reasoning. Lawson later filed a lawsuit in the Central Federal District Court of California alleging that PPG fired him because he blew the whistle on his supervisor's fraudulent scheme. In requesting that the California Supreme Court answer this question, the Ninth Circuit Court of Appeals recognized that California courts have taken a scattered approach in adjudicating 1102. 6 Is the Prevailing Standard. 5 and the applicable evidentiary standard. 5 can prove unlawful retaliation "even when other, legitimate factors also contributed to the adverse action. Read The Full Case Not a Lexis Advance subscriber? That provision provides that once a plaintiff establishes that a whistleblower activity was a contributing factor in the alleged retaliation against the employee, the employer has the "burden of proof to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the employee had not engaged in activities protected by Section 1102. 6 in 2003 should be the benchmark courts use when determining whether retaliation claims brought under Section 1102. It first requires the employee to prove by a preponderance of the evidence that the whistleblowing activity was a "contributing factor" to his termination.
We can help you understand your rights and options under the law. 5, once it has been demonstrated by a preponderance of the evidence that an activity proscribed by Section 1102.